CRIMINAL LAW MIDTERM REVIEWER BASIC CONCEPTS OF CRIMINAL LAW DOCX

Title	CRIMINAL LAW MIDTERM REVIEWER BASIC CONCEPTS OF CRIMINAL LAW
Author	Francis Andal
Pages	20
File Size	61.9 KB
File Type	DOCX
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Summary

CRIMINAL LAW MIDTERM REVIEWER BASIC CONCEPTS OF CRIMINAL LAW A.Criminal Law-that branch of law, which define:  crimes,  treats of their nature, and  provides for their punishment B. Theories in Criminal Law B.1 Classical theory *the basis of criminal liability is human free will and the purpose o...

Description

CRIMINAL LAW MIDTERM REVIEWER BASIC CONCEPTS OF CRIMINAL LAW A.Criminal Law-that branch of law, which defne: crimes, treats of their nature, and provides for their punishment B. Theories in Criminal Law B.1 Classical theory *the basis of criminal liability is human free will and the purpose of the penalty is retributon. It is endeavored to establish a mechanical and direct proporton between crime and penalty, and there is scant regard to the human element. NOTE: RPC IS GENERALLY GOVERNED BY THIS THEORY. B.2 Positiist theory *the basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed. The purposes of penalty are preventon and correcton. This theory is exemplifed in the provisions regarding impossible crimes and habitual delinquency. B.3 Eclectc or Mixed theory *it is a combinaton of positvist and classical thinkingl wherein crimes that are economic and social in nature should be dealt in a positve manner, thus, the law is more compassionate. Ideally, the classical theory is applied to heinous crimes, whereas, the positvist is made to work on economic and social crimes. B.4 Utlitarian or Protectie theory *the primary purpose of the punishment under criminal law is the protecton of society from actual and potental wrongldoers. The courts, therefore, in exactng retributon for the wronged society, should direct the punishment to potental or actual wrongldoers, since criminal law is directed against acts or omissions which the society does not approve. Consistent with this theory is the mala prohibita principle which punishes an ofense reglardless of malice or criminal intent. C. How are penal laws construed? *Liberally construed in favor of ofender and strictly aglainst the state. NOTE: IN CASES OF CONFLICT WITH OFFICIAL TRANSLATION, ORIGINAL SPANISH TEXT IS CONTROLLING. --------------------------------------------------------------------------------------> WHO ARE CRIMINALLY LIABLE? A. THOSE WHO COMMIT FELONY A.1 RPC, ARTICLE 3. FELONY-Acts or Omission punishable by law ELEMENTS OF FELONY o Must be and act or omission o That the act or omission must be punishable by RPC o The act is performed or omission is incurred by means of Dolo or Culpa ACTS Consttutng a felony denned by RPC *A took the WATCH of B with INTENT TO GAIN and WITHOUT THE CONSENT OF THE LATTER. The ACT OF TAKING THE WATCH OF B, consttute THEFT. Oiert act of that felony Only External act which has direct connecton with the felony intended to be commited *Because INTERNAL is beyond the sphere of the Law. NOTE: Criminal thought, mere intenton no mater how immoral or improper it may be, WILL NEVER CONSITUTE A FELONY. *Even if A entertains the idea of killing B, as long does not commence the commission of the crime directly by OVERT ACT, A is not criminally liable....